2
GAHRAMANOV v. AZERBAIJAN DECISION
A. The circumstances of the case
3. The facts of the case, as submitted by the parties, may be summarised
as follows.
4. The applicant was involved in three unrelated sets of proceedings.
1. First set of proceedings
5. The applicant was a member of the Civic Union Party.
6. On 10 October 2001 the applicant was arrested by officers of the
Ministry of National Security (“the MNS”) and charged with unlawful
possession of weapons and conspiracy to usurp State power by force, under
Articles 28, 32, 228 and 278 of the Criminal Code.
7. On 5 September 2002 the Assize Court convicted the applicant of all
charges and sentenced him to ten years’ imprisonment.
8. On 20 December 2002 the Court of Appeal upheld the Assize Court’s
judgment.
9. The applicant was dispensed from serving the remainder of his
sentence following a presidential pardon of 20 March 2005.
10. On 24 August 2005 the applicant lodged a cassation appeal against
the Court of Appeal’s judgment of 20 December 2002. On 17 January 2006
the Supreme Court refused to entertain the applicant’s cassation appeal, as
the applicant had failed to lodge it within eighteen months of the date of
delivery of the Court of Appeal’s judgment.
2. Second set of proceedings
11. The applicant was involved in a private property dispute with his
brother-in-law over ownership rights to a flat and a retail shop situated in
Baku.
12. On 31 March 2006 the Nasimi District Court dismissed both parties’
claims, finding them unsubstantiated.
13. On 4 July 2006 the Court of Appeal quashed the judgment of
31 March 2006 in part and delivered a new judgment on the merits in favour
of the applicant’s brother-in-law.
14. On 8 February 2007 the Supreme Court upheld the Court of
Appeal’s judgment.
3. Third set of proceedings
(a) The applicant’s detention at Baku Heydar Aliyev Airport
(i) The applicant’s version of the events
15. On an unspecified date in 2006 the applicant bought a ticket for a
flight from Baku to Dubai which was scheduled to depart at 11 a.m. on
18 July 2006.